People v. Lovos

In an argument outside in front of their son Esteban, Juan Alcides Lovos (defendant) accused his wife, Silvia Lovos, of having an affair. Silvia went into the apartment and locked the door. Lovos gained entry, telling Silvia no one was going to save her this time. Lovos knocked Silvia down and stabbed her twice in the abdomen. Lovos attempted to stab Silvia twice more, but she defended herself with her hands and ran outside bleeding. A jury convicted Lovos of attempted murder and infliction of corporal injury on a spouse. At the sentencing hearing, Lovos presented mitigating factors of his alcohol and cocaine intoxication, insignificant prior criminal record, and prior successful probation. The trial court sentenced Lovos to the upper-term sentence of nine years for attempted murder, plus one year for a deadly weapon enhancement and five years—the upper term—for a great bodily injury enhancement. The upper-term sentences were based on the aggravations of (1) great bodily injury; (2) great violence; (3) being armed with a weapon; (4) Silvia being vulnerable because she was alone; and (5) the crime involving planning. The sentence for the other count was imposed and stayed. Lovos appealed, arguing imposition of the upper term was an abuse of discretion that ignored mitigating circumstances, rested on findings that were also the basis of the enhancements, and rested on judge-determined, not jury-determined factors.